42 U.S.C. 804 (U.S. Code, current edition)

Summary

The current-edition U.S. Code text of 42 U.S.C. 804, the Coronavirus capital projects fund, added by Pub. L. 117–2, title IX, § 9901(a), Mar. 11, 2021. It appropriates $10,000,000,000 for fiscal year 2021, to remain available until expended, for payments to States, territories and Tribal governments for critical capital projects directly enabling work, education and health monitoring, including remote options, in response to COVID–19. The Secretary of the Treasury pays $100,000,000 to each State, $100,000,000 in equal shares among seven island governments from Guam to the Republic of Palau, and $100,000,000 to Tribal governments and Hawaii, with not less than $50,000 to each Tribal government. The remainder is allocated 50 percent by population, 25 percent by rural population and 25 percent by people below 150 percent of the poverty line.

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Full text

Page 2483 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 805

Statutory Notes and Related Subsidiaries shall make payments to States based on
EFFECTIVE DATE OF 2022 AMENDMENT
population such that—
(i) 50 percent of such amount shall be al-
Amendment by Pub. L. 117–328 effective upon located among the States based on the pro-
issuance of guidance or the promulgation of a rule by portion that the population of each State
the Secretary of the Treasury, in consultation with the
Secretary of Transportation, see section 102(c) of Pub.
bears to the population of all States;
L. 117–328, set out as a note under section 802 of this (ii) 25 percent of such amount shall be al-
title. located among the States based on the pro-
portion that the number of individuals liv-
EFFECTIVE DATE OF 2021 AMENDMENT ing in rural areas in each State bears to
Amendment by Pub. L. 117–58 effective as if included the number of individuals living in rural
in the enactment of section 9901 of the American Res- areas in all States; and
cue Plan Act of 2021 (Public Law 117–2; 135 Stat. 223), (iii) 25 percent of such amount shall be
see section 40909(c) of Pub. L. 117–58, set out as a note allocated among the States based on the
under section 802 of this title. proportion that the number of individuals
WAGE RATE REQUIREMENTS with a household income that is below 150
percent of the poverty line applicable to a
For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
family of the size involved in each State
alteration, or repair work funded under div. D or an bears to the number of such individuals in
amendment by div. D of Pub. L. 117–58, including au- all States.
thority of Secretary of Labor, see section 18851 of this (B) Data
title.
In determining the allocations to be made
§ 804. Coronavirus capital projects fund to each State under subparagraph (A), the
Secretary of the Treasury shall use the most
(a) Appropriation recent data available from the Bureau of the
In addition to amounts otherwise available, Census.
there is appropriated for fiscal year 2021, out of (c) Timing
any money in the Treasury not otherwise appro-
priated, $10,000,000,000, to remain available until The Secretary shall establish a process of ap-
expended, for making payments to States, terri- plying for grants to access funding made avail-
tories, and Tribal governments to carry out crit- able under section (b) not later than 60 days
ical capital projects directly enabling work, after March 11, 2021.
education, and health monitoring, including re- (d) Definitions
mote options, in response to the public health In this section:
emergency with respect to the Coronavirus Dis- (1) Secretary
ease (COVID–19).
The term ‘‘Secretary’’ means the Secretary
(b) Payments of the Treasury.
(1) Minimum amounts (2) State
From the amount appropriated under sub- The term ‘‘State’’ means each of the 50
section (a)— States, the District of Columbia, and Puerto
(A) the Secretary shall pay $100,000,000 to Rico.
each State;
(B) the Secretary shall pay $100,000,000 of (3) Tribal government
such amount in equal shares to the United The term ‘‘Tribal government’’ has the
States Virgin Islands, Guam, American meaning given such term in section 802(g) of
Samoa, the Commonwealth of the Northern this title.
Mariana Islands, the Republic of the Mar- (Aug. 14, 1935, ch. 531, title VI, § 604, as added
shall Islands, the Federated States of Micro- Pub. L. 117–2, title IX, § 9901(a), Mar. 11, 2021, 135
nesia, and the Republic of Palau; and Stat. 233.)
(C) the Secretary shall pay $100,000,000 of
such amount in equal shares to Tribal gov- Editorial Notes
ernments and the State of Hawaii (in addi-
tion to the amount paid to the State of Ha- PRIOR PROVISIONS
waii under subparagraph (A)), of which— A prior section 804, act Aug. 14, 1935, ch. 531, title VI,
(i) not less than $50,000 shall be paid to § 604, as added Oct. 30, 1972, Pub. L. 92–603, title III, § 302,
each Tribal government; and 86 Stat. 1484, which provided for notification to States
(ii) not less than $50,000, and not more and termination of payments in case of noncompliance
with laws or State plan, was repealed by Pub. L. 93–647,
than $200,000, shall be paid to the State of
§§ 3(b), 7(b), Jan. 4, 1975, 88 Stat. 2349, 2351.
Hawaii for the exclusive use of the Depart-
ment of Hawaiian Home Lands and the Na- § 805. Local assistance and Tribal consistency
tive Hawaiian Education Programs to as- fund
sist Native Hawaiians in accordance with
this section. (a) Appropriation
(2) Remaining amounts In addition to amounts otherwise available,
there is appropriated for fiscal year 2021, out of
(A) In general any money in the Treasury not otherwise appro-
From the amount of the appropriation priated, $2,000,000,000 to remain available until
under subsection (a) that remains after the September 30, 2023, with amounts to be obli-
application of paragraph (1), the Secretary gated, subject to subsection (g), for each of fis-

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